Eminent Domain After Kelo: The Battle Continues‪.‬

IN KELO V. CITY OF NEW LONDON, THE U.S. SUPREME COURT issued one of its most controversial opinions when it ruled that a local government has the power, under certain circumstances, to condemn private property for the sole purpose of economic development. The decision generated strong reactions as well as misconceptions about the case and the power of eminent domain in general. Many local governments, developers and others in the real estate community cheered when the court announced the decision. But the backlash that followed has been passionate and widespread. Though the government side of the issue may have won the battle, it is clearly losing the war.